A GC Wants You to Start Before the Contract Is Signed: Decision Tree
Why this matters
A general contractor (GC) calls Friday and needs your crew on site Monday. The subcontract is "coming." If you mobilize on that, you are exposed: no signed scope, no price protection, no clean paper if the deal falls apart. But flatly refusing can cost you the job and the relationship. The discipline that keeps you safe is simple to hold once you name it. Urgency is not authorization. Get something in writing that names the scope, the price basis, and who is paying, even when the full contract is not executed yet.
Start here: is there any written authorization at all?
Sort the situation into one of three buckets before you decide anything.
- A fully signed subcontract is in hand. Start. This tree is moot.
- No signed subcontract, but a written interim authorization exists (see next section). This can be enough for a bounded start.
- Only a verbal "go ahead." Stop. Get at least a short written authorization before any crew or material moves.
When in doubt, treat it as the riskier bucket.
If you have a written interim authorization
Two documents commonly bridge the gap before a full contract:
- A Notice to Proceed (NTP) directs you to begin work.
- A Letter of Intent (LOI) states the GC intends to award you the job, sometimes with a capped interim amount you are authorized to spend.
Either one protects you only if it names three things: the scope you are starting, a price or a not-to-exceed cap for the interim work, and a signer who has authority to bind the GC. A superintendent's text saying "start" is not the same as an authorized signature.
- If all three are present, you may mobilize the authorized portion, and only that portion.
- If any is missing, treat it as verbal and get the gap filled in writing first.
Branch on how much the "start" costs you
Not every start carries the same risk. Separate low-commitment mobilization from real exposure.
- Low commitment (a site visit, layout, a small first task) is recoverable if the deal dies. An email authorization is a reasonable floor.
- High commitment (ordering long-lead material, committing crew for weeks, custom fabrication) is money you may not get back. Require the executed contract, or a specific written authorization and funding confirmation for that exact spend.
The bigger the check you are about to write on their behalf, the more paper you need in front of it.
Branch on authority and funding
Two quiet questions decide whether an NTP is worth the paper.
- Does the person asking have authority to bind the GC? Field staff push schedules; they rarely sign contracts. Confirm the authorization comes from someone who can commit the company.
- Is this work funded? If the building owner has not released money to the GC, an NTP can still leave you unpaid. On a slow-to-fund project, an interim authorization is a promise, not a payment.
The email that protects a bounded start
If you decide to begin on interim authorization, send a confirming email before the first hour and get a written "yes" back. State:
- Exactly what you are starting and the agreed scope boundary.
- The price basis or the interim not-to-exceed cap.
- That the work is interim, pending the full subcontract, and is billable and lienable from day one.
- That retainage and payment terms will match the coming contract.
A confirmed email is enforceable. A hallway conversation is not.
When to hold firm
If they will not put even an email behind the request, that is your preview of how they will treat your invoice. Do not move crew or buy material on a promise. Losing a job you were never going to get paid for cleanly is not a loss.
Recap
- Signed subcontract -> start.
- Written NTP or LOI naming scope, price or cap, and an authorized signer -> mobilize only the authorized portion, confirm in writing.
- Verbal only -> get a written authorization first; an email is the floor.
- High-cost start (long-lead material, weeks of crew) -> require the executed contract or specific written funding and authorization for that spend.
- Nothing in writing -> do not move crew or money.
References
- Trade-standard practice for subcontractor mobilization and notices to proceed
- ConsensusDocs and AIA subcontract forms (interim authorization and letter-of-intent provisions)
- State mechanic's lien statutes (preserving lien rights on unbilled interim work)
- See related: The Red Flags in a Commercial Contract a Sub Should Catch; Qualifying a Commercial Customer Before You Commit a Crew